June 27th, 2012
Testamentary capacity is a continuum. Somewhere along the line, a testator slips from having the requisite capacity to execute a will to not having it. Where that line falls, however, is the subject of much litigation.
A trial court had ruled that a testator lacked the capacity to make a will based on a neurologist’s report about the testator that stated: ”Given her cognitive impairments, it is unlikely that she would be able to make fully informed, thoughtful judgments regarding complex financial issues.”
This, however, was the wrong standard to apply. (more…)